Legal Certainty for Resolution of Land Disputes Regarding Overlapping Land Ownership Certificates (Case Study at the National Agency Office of Simalungun Regency)

This article examines the issue of legal certainty in resolving disputes over overlapping land ownership certificates that occur in the working area of the National Land Agency (BPN) Office of Simalungun Regency. The main focus of this study is on identifying the factors causing overlapping certificates, which include limitations in the digital mapping system that is not yet fully accurate, changes in administrative boundaries that are not immediately adjusted in land data, and low public understanding and awareness of land law procedures. In practice, the resolution of these disputes refers to the mechanisms regulated in the Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 21 of 2020 concerning the Handling and Settlement of Land Cases. The settlement process begins from the stage of data collection and review, mediation between the parties, to administrative decision-making, including the possibility of canceling one of the problematic certificates. To ensure legal certainty in resolving this dispute, the principle of negative publication with a positive tendency is used, which provides space for legal protection for parties with good intentions. In addition, the support of the Supreme Court's jurisprudence as a legal precedent, the implementation of more accurate digital mapping technology, and the implementation of the Complete Systematic Land Registration Program (PTSL) are also important instruments in strengthening legal certainty and justice in land matters. Keywords: Legal certainty; Land Disputes; Certificate Overlap; Land Ownership Rights, National Land Agency